{{Short description|2016 shooting in Saskatchewan, Canada}} {{Use Canadian English|date=February 2018}} {{Use mdy dates|date=February 2018}} {{Infobox person | name = Colten Boushie | image = Colten Boushie.jpg | alt = | caption = | birth_name = Colten Boushie | birth_date = {{Birth date|1993|10|31|mf=yes}} | birth_place = Ronan, Montana, United States | death_date = {{Death date and age|2016|08|9|1993|10|31|mf=yes}} | death_place = near Biggar, Saskatchewan, Canada }}
'''Colten Boushie''' (October 31, 1993 – August 9, 2016) was a 22-year-old Indigenous man of the Cree Red Pheasant First Nation who was fatally shot on a rural Saskatchewan farm by its owner, Gerald Stanley. Stanley stood trial for second-degree murder and for a lesser charge of manslaughter, but was ultimately acquitted in February 2018.<ref>{{Cite web|url=https://thestarphoenix.com/news/local-news/gerald-stanley-trial-jury-delivers-not-guilty-verdict-in-murder-of-colten-boushie|title=Gerald Stanley trial: Jury delivers not guilty verdict in death of Colten Boushie|work=The StarPhoenix |access-date=May 26, 2019|archive-date=May 26, 2019|archive-url=https://web.archive.org/web/20190526065141/https://thestarphoenix.com/news/local-news/gerald-stanley-trial-jury-delivers-not-guilty-verdict-in-murder-of-colten-boushie|url-status=live}}</ref>
Boushie was a resident of the Cree Red Pheasant First Nation. After getting a flat tire, he and four friends drove to a farmhouse near Biggar, Saskatchewan, owned by Stanley. They had been drinking and had earlier tried to break in to a truck at another farm. One of the group tried to steal an ATV on the property while Stanley and his son were outside. Stanley's son ran to the vehicle and used a hammer to smash the windshield. The people in the SUV attempted to take off and crashed their vehicle into one of Stanley's cars. Stanley reacted by going into his home, returning with a TT-30 (Tokarev) handgun, and firing two shots into the air. Two of the individuals in the SUV fled on foot, while Boushie moved to the front seat. Stanley then approached the SUV – with Boushie in the driver's seat – when the gun discharged. Boushie was shot in the neck just below the ear and died instantly. Stanley's defence claimed the shot was an accident and the gun's trigger was not pulled. Instead, the defence argued a third round loaded into the magazine was fired, yet failed to detonate, precipitating a hang fire.<ref name=":0">{{Cite news|url=http://www.macleans.ca/news/canada/canadas-long-road-to-the-colten-boushie-verdict/|title=Canada's long road to the Colten Boushie verdict|date=February 10, 2018|work=Macleans.ca|access-date=February 12, 2018|language=en-US|archive-date=February 12, 2018|archive-url=https://web.archive.org/web/20180212034927/http://www.macleans.ca/news/canada/canadas-long-road-to-the-colten-boushie-verdict/|url-status=live}}</ref>
The circumstances of the shooting, the RCMP investigation, the trial, and the verdict are flashpoints of controversy in Canada. The case drew significant attention, sparking protests and provoking debates about racism in Saskatchewan and across Canada. People who supported Stanley generally perceived the trial as fair, given the circumstances of events leading up to the shooting. Supporters of the Boushie family felt the trial was unfair due to the selection of what appeared to be an all-white jury.<ref name="cbc_vigil">{{Cite news|url=http://www.cbc.ca/news/canada/nova-scotia/colten-boushie-vigil-1.4530234|title='Shame on Canada': Vigils being held in N.S. over verdict in Colten Boushie case|work=CBC News|first=Shaina|last=Luck|date=February 10, 2018|access-date=February 13, 2018|language=en|archive-date=February 12, 2018|archive-url=https://web.archive.org/web/20180212150324/http://www.cbc.ca/news/canada/nova-scotia/colten-boushie-vigil-1.4530234|url-status=live}}</ref> Canadian Prime Minister Justin Trudeau and Minister of Justice Jody Wilson-Raybould denounced the verdict.<ref>{{Cite news|url=http://www.cbc.ca/news/politics/trudeau-ministers-boushie-verdict-reaction-1.4530093|title=Ministers say Canada must 'do better' after Boushie verdict|work=CBC News|access-date=2018-02-13|language=en|archive-date=February 13, 2018|archive-url=https://web.archive.org/web/20180213035020/http://www.cbc.ca/news/politics/trudeau-ministers-boushie-verdict-reaction-1.4530093|url-status=live}}</ref> Critics scorned these comments for politicizing the trial and discrediting the Canadian judiciary system. The mayor of Saskatoon, Charlie Clark, said the trial and its aftermath represented "a defining moment for this community and this country".<ref>{{Cite news|url=https://nationalpost.com/news/enough-killing-our-people-stanley-verdict-generates-rallies-and-pleas-for-change|title='Enough killing our people': Stanley verdict generates rallies and pleas for change|work=National Post|date=February 11, 2018|access-date=February 13, 2018|language=en|archive-date=May 21, 2022|archive-url=https://web.archive.org/web/20220521071307/https://nationalpost.com/news/enough-killing-our-people-stanley-verdict-generates-rallies-and-pleas-for-change|url-status=live}}</ref>
Legislation eliminating peremptory challenges from jury selection was enacted in 2019 and upheld by the Supreme Court of Canada in the October 2020 case ''R v Chouhan''. Two 2021 reports by the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police found that RCMP's death notification to Boushie's family had been discriminatory and noted serious investigative and communications failures in an otherwise professional response.
==Background== Colten Boushie (October 31, 1993 – August 9, 2016) was a resident of the Cree Red Pheasant First Nation of Saskatchewan.<ref name="thestar_2018_Stanley_acquittal"/>
{{Location map |Canada Saskatchewan |float = right |coordinates={{coord|52|3|N|107|58|W}} |label = Biggar, Saskatchewan |link = Biggar, Saskatchewan |caption = The incident took place near Biggar, Saskatchewan. |alt = Map that shows the location of Biggar in Saskatchewan}}
According to the police Information To Obtain warrant (ITO), which was produced in the early stages of the investigation{{refn|group=Notes|The ITO "(laid) out in detail for the first time the police perspective on the facts of the case and the information gathered in the early stages of the investigation. These documents are intended to persuade a judge to issue a warrant; they are not produced with balance in mind, nor do they weigh possibilities that run counter to police theories, but they must be full, frank and fair."<ref name="G&M_2016_17_the_night"/>}} and obtained by ''The Globe and Mail''<ref name="G&M_2016_17_the_night"/> on August 9, 2016, 22-year-old Colten Boushie and his girlfriend Kiora Wuttunee, Belinda Jackson and her boyfriend Eric Meechance,<ref name="Macleans_2016_Domise">{{cite news |title=What the tragedy of Colten Boushie says about racism in Canada |newspaper=Macleans |url=http://www.macleans.ca/news/canada/the-tragedy-of-colten-boushie-racism-canada/ |date=August 25, 2016 |access-date=February 11, 2018 |first=Andray |last=Domise |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211023840/http://www.macleans.ca/news/canada/the-tragedy-of-colten-boushie-racism-canada/ |url-status=live }}</ref><ref name="CBC_2018_Stanley_Judge"/> and Cassidy Cross-Whitstone, all from the Red Pheasant First Nation, had spent the day swimming, drinking, and shooting<ref name="Van Courier">{{cite news |title= Opinion: There is so much wrong being said by both sides about the Gerald Stanley trial |newspaper= Vancouver Courier |url= http://www.vancourier.com/opinion/opinion-there-is-so-much-wrong-being-said-by-both-sides-about-the-gerald-stanley-trial-1.23174002 |date= February 14, 2018 |accessdate= February 14, 2018 |first= Brian |last= Zinchuk |archive-date= February 15, 2018 |archive-url= https://web.archive.org/web/20180215002802/http://www.vancourier.com/opinion/opinion-there-is-so-much-wrong-being-said-by-both-sides-about-the-gerald-stanley-trial-1.23174002 |url-status= live }}</ref><ref name="Macleans_2018_Stanley_verdict">{{cite news |title= The Gerald Stanley verdict is a blow to reconciliation—and a terrifying one at that |quote= White Canadians must know this verdict deepens Indigenous peoples' distrust in the system, which offers no justice to Colten Boushie |newspaper= Macleans |url= http://www.macleans.ca/news/the-gerald-stanley-verdict-is-a-blow-to-reconciliation-and-a-terrifying-one-at-that/ |date= February 10, 2018 |access-date= February 11, 2018 |first= Kyle |last= Edwards |archive-date= February 10, 2018 |archive-url= https://web.archive.org/web/20180210235806/http://www.macleans.ca/news/the-gerald-stanley-verdict-is-a-blow-to-reconciliation-and-a-terrifying-one-at-that/ |url-status= live }}</ref> at the Maymont River.<ref name="CBC_2016_uncle">{{cite news |url= http://www.cbc.ca/news/canada/saskatchewan/homicide-victim-family-devastated-loved-one-shot-biggar-sask-1.3717268 |newspaper= CBC News |title= Family devastated after Colten Boushie shot and killed on farm near Biggar, Sask. |date= August 11, 2016 |access-date= February 11, 2018 |last= n |archive-date= February 14, 2018 |archive-url= https://web.archive.org/web/20180214201652/http://www.cbc.ca/news/canada/saskatchewan/homicide-victim-family-devastated-loved-one-shot-biggar-sask-1.3717268 |url-status= live }}</ref> Wuttunee's grey 2003 Ford Escape SUV got a flat tire.<ref name="CBC_2016_uncle" />
The ITO stated that Boushie's group first visited a neighbouring farm belonging to the Fouhy family, where they "attempted to steal vehicles and items"<ref name="G&M_2016_17_the_night"/> by trying to smash the window of a truck with a .22 calibre rifle. Cross-Whitstone broke the stock of the rifle in this failed attempt.<ref name="CBC_2018_rifle">{{cite news |url=http://www.cbc.ca/news/canada/saskatoon/gerald-stanley-son-boushie-colten-shooting-1.4511467 |newspaper=CBC News |title='It just went off. I just wanted to scare them', son recalls Gerald Stanley saying after gun fired |quote=56-year-old has pleaded not guilty to 2nd-degree murder in fatal shooting of Colten Boushie |date=January 31, 2018 |access-date=February 11, 2018 |first=Guy |last=Quenneville |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211070156/http://www.cbc.ca/news/canada/saskatoon/gerald-stanley-son-boushie-colten-shooting-1.4511467 |url-status=live }}</ref> They then drove on to Gerald Stanley's property near Biggar, Saskatchewan, in the Rural Municipality of Glenside No. 377,<ref name="leaderpost_2018_Stanley_charged" /><ref name="G&M_2018_Stanley_Crown">{{cite news |url=https://www.theglobeandmail.com/news/national/saskatchewan-jury-begins-deliberating-in-gerald-stanley-trial/article37900404/shooting |newspaper=The Globe and Mail |title=Gerald Stanley must be held accountable for death of Colten Boushie, Crown argues |date=February 8, 2018 |access-date=February 11, 2018 |first=Joe |last=Friesen |location=Battleford, Saskatchewan |archive-date=May 21, 2022 |archive-url=https://web.archive.org/web/20220521071323/https://www.theglobeandmail.com/news/national/saskatchewan-jury-begins-deliberating-in-gerald-stanley-trial/article37900404/shooting/ |url-status=live }}</ref> which is about {{convert|57|km|mi}} from their home.<ref name="theguardian_2018_Stanley_Boushie"/>
When the SUV entered the Stanley property, Gerald Stanley and his son Sheldon were repairing a fence, while Stanley's wife Leesa was mowing the lawn not far away. The SUV's occupants first entered a truck belonging to one of Gerald's customers, then mounted an ATV.<ref>Hill, A. [https://thestarphoenix.com/news/local-news/gerald-stanley-trial-crown-continues-to-call-witnesses-son-sheldon-stanley-expected-on-stand Gerald Stanley trial: Colten Boushie was asleep when vehicle arrived at farmyard, friend testifies] {{Webarchive|url=https://web.archive.org/web/20190408082003/https://thestarphoenix.com/news/local-news/gerald-stanley-trial-crown-continues-to-call-witnesses-son-sheldon-stanley-expected-on-stand |access-date=April 8, 2019 }} January 31, 2018, ''The StarPhoenix''.</ref> Sheldon chased them away and smashed the SUV's windshield with a hammer. It "crashed into Stanley's wife's car and came to a halt".{{attribution needed|date=October 2018}}<ref>Hill, A. [https://thestarphoenix.com/news/local-news/gerald-stanley-trial-saskatchewan-farmer-accused-in-colten-boushie-shooting-will-testify-says-defence Gerald Stanley trial: 'Boom, the thing just went off', says Sask. farmer testifying in own defence] {{Webarchive|url=https://web.archive.org/web/20190307013257/https://thestarphoenix.com/news/local-news/gerald-stanley-trial-saskatchewan-farmer-accused-in-colten-boushie-shooting-will-testify-says-defence |access-date=March 7, 2019 }} ''The StarPhoenix'', February 6, 2018.</ref><ref name="Macleans_2018_Stanley_verdict"/>
Stanley took a TT-30 (Tokareva) semi-automatic handgun from his shed, loaded it and "fired warning shots in the air" as Cross-Whitstone and Meechance ran from the ATV and fled the property.<ref name="Macleans_2018_Stanley_verdict"/> Sheldon Stanley went into the house to get his truck keys.<ref name="What Happened">{{Cite news|url=http://www.cbc.ca/news/canada/saskatoon/what-happened-stanley-farm-boushie-shot-witnesses-colten-gerald-1.4520214|title=What happened on the Stanley farm the day Boushie was shot, as told by witnesses|work=CBC News|access-date=2018-02-12|language=en|archive-date=February 12, 2018|archive-url=https://web.archive.org/web/20180212014336/http://www.cbc.ca/news/canada/saskatoon/what-happened-stanley-farm-boushie-shot-witnesses-colten-gerald-1.4520214|url-status=live}}</ref>
Stanley then approached the SUV with Boushie in the driver's seat<ref name="nationalpost_2018_judges_instructions">{{cite news |url=https://nationalpost.com/news/canada/full-transcript-of-judges-instructions-to-colten-boushie-jury-put-yourself-in-a-jurors-shoes |title=Full transcript of judge's instructions to Colten Boushie jury: Put yourself in a juror's shoes |quote=How the jury arrived at the verdict can never be known, but the judge's instructions to them are part of the public record. |date=February 14, 2018 |access-date=February 14, 2018 |newspaper=National Post |archive-date=May 21, 2022 |archive-url=https://web.archive.org/web/20220521071308/https://nationalpost.com/news/canada/full-transcript-of-judges-instructions-to-colten-boushie-jury-put-yourself-in-a-jurors-shoes |url-status=live }}</ref> and Jackson and Wuttunee in the back. Stanley would later testify he saw the lawnmower his wife was using and thought that she had been run over. He reached in with his left hand to turn off the ignition while holding his handgun in his right hand. The RCMP later found a loaded .22-calibre rifle near Boushie's body.<ref>Quenneville, G. [http://www.cbc.ca/news/canada/saskatoon/what-happened-stanley-farm-boushie-shot-witnesses-colten-gerald-1.4520214 What happened on Gerald Stanley's farm the day Colten Boushie was shot, as told by witnesses] {{Webarchive|url=https://web.archive.org/web/20180212014336/http://www.cbc.ca/news/canada/saskatoon/what-happened-stanley-farm-boushie-shot-witnesses-colten-gerald-1.4520214 |access-date=February 12, 2018 }} ''CBC News'', February 06, 2018. Last updated February 12.</ref><ref name="CBC_2018_rifle" /><ref>Graveland, B., [https://www.thestar.com/news/canada/2018/01/31/courtroom-in-tears-at-trial-of-saskatchewan-farmer-accused-of-killing-indigenous.html "Accused killer said gun 'just went off', son tells Colten Boushie murder trial"] {{Webarchive|url=https://web.archive.org/web/20180403051401/https://www.thestar.com/news/canada/2018/01/31/courtroom-in-tears-at-trial-of-saskatchewan-farmer-accused-of-killing-indigenous.html |access-date=April 3, 2018 }} Star News, The Canadian Press, January 31, 2018.</ref><ref name="What Happened"/><ref name="CBC_2016_RCMP_response"/>
==Aftermath of the shooting== Boushie's supporters expressed frustration with the "flawed and inadequate" police inquiry, stating that it "initially focused more on the actions of the five young Indigenous people than on the killing of Mr. Boushie".<ref name="NYT_Austin_Trial_2018_Feb9">{{cite news |url=https://www.nytimes.com/2018/02/09/world/canada/canada-saskatchewan-murder-indigenous.html |title=A Murder Trial Stirs Emotions About Canada's Relations With Indigenous Population |first=Ian |last=Austin |work=The New York Times |date=February 9, 2018 |access-date=February 12, 2018 |archive-date=February 10, 2018 |archive-url=https://web.archive.org/web/20180210215831/https://www.nytimes.com/2018/02/09/world/canada/canada-saskatchewan-murder-indigenous.html |url-status=live }}</ref> The person initially in charge of the investigation was a junior constable; no forensic experts were brought in. The Ford Escape SUV in which Boushie was killed, was "left uncovered, its doors open, for two rainy days, washing away evidence".<ref name="NYT_Austin_Trial_2018_Feb9"/>
On August 10, 2016, a media release from the RCMP said,<ref name="CBC_2016_RCMP_response"/> "A man was declared dead at the scene. Another man 'associated to the property' was arrested by police at the scene without incident. No charges were immediately laid. Three occupants of the vehicle—one woman, one girl and one man—were taken into custody as part of a related theft investigation, police said. Police later identified and located a fourth boy who was in the vehicle."<ref name="CBC_2016_RCMP_response"/><ref name="leaderpost_2018_Stanley_charged">{{Cite news |url=https://leaderpost.com/storyline/a-54-year-old-man-has-been-charged-with-second-degree-murder-in-a-shooting-at-a-rural-saskatchewan-farmyard-near-biggar |title=A 54-year-old man has been charged with second-degree murder in a shooting at a rural Saskatchewan farmyard near Biggar |date=August 11, 2016 |work=Regina Leader-Post |access-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180212083743/http://leaderpost.com/storyline/a-54-year-old-man-has-been-charged-with-second-degree-murder-in-a-shooting-at-a-rural-saskatchewan-farmyard-near-biggar |archive-date=February 12, 2018 |url-status=dead}}</ref>
This release explained that the witnesses to Boushie's killing were taken into custody "as part of a related theft investigation".<ref name="Macleans_2016_Domise"/> None of them were charged as the result of a plea deal in exchange for testimony.<ref name="Macleans_2016_Domise"/>{{failed verification|date=September 2018}} Ultimately their testimony was deemed inconclusive due to inconsistencies of their accounts.<ref name="What Happened"/>
On August 12, the Federation of Sovereign Indigenous Nations (FSIN) representing 74 First Nations in Saskatchewan, issued a media release expressing disappointment in the way the RCMP presented the shooting incident. The RCMP statement "provided just enough prejudicial information for the average reader to draw their own conclusions that the shooting was somehow justified. The messaging in an RCMP news release should not fuel racial tensions ... The media's initial portrayal of the event made the incident sound like a crime was about to be committed by the passengers in the car."<ref>{{Cite web |url=https://globalnews.ca/news/2880853/fsin-accuse-the-rcmp-of-fuelling-racial-tensions-after-fatal-biggar-sask-shooting/ |title=FSIN accuse RCMP of fuelling racial tensions after fatal Biggar, Sask., shooting |website=globalnews.ca |access-date=September 10, 2018 |archive-date=September 11, 2018 |archive-url=https://web.archive.org/web/20180911003344/https://globalnews.ca/news/2880853/fsin-accuse-the-rcmp-of-fuelling-racial-tensions-after-fatal-biggar-sask-shooting/ |url-status=live }}</ref> The FSIN called for a review of the RCMP's communication policies and writing guidelines. The FSIN said that the "RCMP news release was biased and not in line with the relationship the FSIN and the RCMP have been building with measures such as the RCMP FSIN Partnership Protocol".<ref name="CBC_2016_FSIN_statement">{{cite news |url=http://www.cbc.ca/news/canada/saskatchewan/rcmp-response-indigenous-man-death-1.3719518 |work=FSIN |title=RCMP Media Release Brings to Light Saskatchewan's Racial Issues |date=August 12, 2016 |access-date=February 11, 2018 |archive-date=February 14, 2018 |archive-url=https://web.archive.org/web/20180214201630/http://www.cbc.ca/news/canada/saskatchewan/rcmp-response-indigenous-man-death-1.3719518 |url-status=live }}</ref>
The FSIN blamed the RCMP's August 10 statement for "racially charged social media posts"<ref name="CBC_2016_Premier_Wall"/> that were posted on the Saskatchewan Farmers Group's Facebook pages<ref name="Macleans_2016_Domise"/><ref name="CBC_2016_socialmedia"/> with photos of "farmers carrying firearms".<ref name="G&M_2016_17_the_night">{{cite news |url=https://www.theglobeandmail.com/news/national/colten-boushie/article32451940/ |newspaper=The Globe and Mail |title=The night Colten Boushie died: What family and police files say about his last day, and what came after |date=October 20, 2016 |access-date=February 11, 2018 |first=Joe |last=Friesen |location=North Battleford, Saskatchewan |archive-date=February 10, 2018 |archive-url=https://web.archive.org/web/20180210191038/https://www.theglobeandmail.com/news/national/colten-boushie/article32451940/ |url-status=live }} Updated November 12, 2017</ref> The RCMP Superintendent held a press conference asking "residents to put their guns away".<ref name="G&M_2016_17_the_night"/> The Federation said that the RCMP media release "made it appear that Boushie's killing was justified"<ref name="CBC_2016_Premier_Wall"/> by the "right to defend" and that the way the RCMP shared information about the incident had fuelled racial tensions in Saskatchewan.<ref name="CBC_2016_RCMP_response"/>
On the same day, the RCMP responded to the August 12 FSIN statement.<ref name="CBC_2016_RCMP_response">{{cite news |url=http://www.cbc.ca/news/canada/saskatchewan/rcmp-response-indigenous-man-death-1.3719518 |newspaper=CBC News |title=RCMP respond to FSIN statement on fatally shot Indigenous man |quote=FSIN chief said an RCMP media release about a shooting death is fuelling racial tensions in province |date=August 12, 2016 |access-date=February 11, 2018 |archive-date=February 14, 2018 |archive-url=https://web.archive.org/web/20180214201630/http://www.cbc.ca/news/canada/saskatchewan/rcmp-response-indigenous-man-death-1.3719518 |url-status=live }}</ref>
Three days after the shooting, on August 12, 2016, ''CBC News'' reported that the "event had stimulated a lot of discussion on various social media platforms".<ref name="CBC_2016_ombudsman"/><ref name="CBC_2016_socialmedia">{{cite news |url=http://www.cbc.ca/news/canada/saskatoon/shooting-biggar-sask-sparks-debate-right-to-defend-1.3718700 |newspaper=CBC News |title=Deadly shooting near Biggar, Sask., sparks debate over right to defend |quote="Social media buzzing with debate over deadly encounter" |date=August 12, 2016 |access-date=February 11, 2018 |archive-date=February 14, 2018 |archive-url=https://web.archive.org/web/20180214201645/http://www.cbc.ca/news/canada/saskatoon/shooting-biggar-sask-sparks-debate-right-to-defend-1.3718700 |url-status=live }}</ref> Paul Dornstauder, CBC's Executive Producer for Radio Current Affairs in Saskatchewan, described how "there was a vigorous and at times rancorous debate about what had happened and why, some of which was racist".
The article was the subject of investigation by CBC's ombudsman, following CBC's receipt of 25 complaints from readers concerned that "it was wrong of CBC News to publish this article, that it fed into a racist argument about Indigenous peoples that saw Mr. Boushie as a menace. It was seen as an endorsement of the use of violence by some readers."{{attribution needed|date=October 2018}} One complainant asserted that the article mistakenly linked "property rights" to Boushie's death. The complainant called the article "irresponsible and damaging" as it "could fan racist sentiment". The article has since been revised.<ref name="CBC_2016_ombudsman">{{cite news |url=http://www.ombudsman.cbc.radio-canada.ca/en/complaint-reviews/2016/speculation-as-reporting-proceed-with-caution |newspaper=CBC News |title=Speculation as reporting - Proceed with caution |date=September 27, 2016 |access-date=February 11, 2018 |archive-date=February 12, 2018 |archive-url=https://web.archive.org/web/20180212201717/http://www.ombudsman.cbc.radio-canada.ca/en/complaint-reviews/2016/speculation-as-reporting-proceed-with-caution/ |url-status=live }}</ref> Dornstauder described "this story as having had an electrifying effect in Saskatchewan". It is "complex and controversial", requiring sensitivity and "likely will continue to for some time to come".<ref name="CBC_2016_ombudsman"/>
On August 15, Saskatchewan Premier Brad Wall called the comments "unacceptable, intolerant and a betrayal of the very values and character of Saskatchewan". He described them as "dangerous".<ref name="CBC_2016_Premier_Wall">{{cite news |url=http://www.cbc.ca/news/canada/saskatchewan/responses-flood-in-after-premier-asks-for-racist-comments-to-stop-1.3721989 |newspaper=CBC News |title=Responses flood in after Sask. premier asks for racist comments to stop after shooting |quote="Brad Wall says hateful comments on social media must end" |date=August 15, 2016 |access-date=February 11, 2018 |archive-date=February 17, 2018 |archive-url=https://web.archive.org/web/20180217153143/http://www.cbc.ca/news/canada/saskatchewan/responses-flood-in-after-premier-asks-for-racist-comments-to-stop-1.3721989 |url-status=live }}</ref> More than five hundred comments representing both sides of the debate appeared on Wall's Facebook page in response to his remarks.<ref name="CBC_2016_Premier_Wall"/>
By August 17, 2016, the National Farmers Union published a statement in which they expressed their "profound sadness over the tragic shooting of Colten Boushie", and extended "deepest condolences to his family and community" and "as farmers", condemned "the rampant racist remarks that have circulated since the death of Colten Boushie, including comments made on the 'Saskatchewan Farmers' Facebook group".<ref name="CBC_2016_social_media">{{cite news |url=http://www.cbc.ca/news/canada/saskatoon/national-farmers-union-colten-boushie-1.3725547 |newspaper=CBC News |title=National Farmers Union condemns racist online comments following Colten Boushie's death |quote="National group offers condolences to family of 22-year-old man" |date=August 17, 2016 |access-date=February 11, 2018 |archive-date=March 1, 2017 |archive-url=https://web.archive.org/web/20170301183631/http://www.cbc.ca/news/canada/saskatoon/national-farmers-union-colten-boushie-1.3725547 |url-status=live }}</ref>
Robert Innes, a University of Saskatchewan professor, described the "racial tension" in Saskatchewan as a "tinder box" with "some farmers" "blaming First Nations people for rural crime. Their mentality is to protect their property."<ref name="CBC_2016_FSIN_statement"/>
==Bail hearing== Gerald Stanley's bail hearing was held in North Battleford on August 18, 2016.<ref name="G&M_2016_17_the_night"/> Hundreds of people protested outside the North Battleford courthouse with RCMP on rooftops observing. On August 19, Stanley was granted bail on a $10,000 cash surety.<ref name="G&M_2016_17_the_night"/> His bail included a number of conditions, including that he stay within {{convert|6.4|km|abbr=off}} of his home and that he have no contact with Boushie's family or any of the witnesses.<ref>{{cite news |title=A look at key events in the investigation and murder trial of Gerald Stanley |newspaper=Metro News |url=http://www.metronews.ca/news/canada/2018/02/08/a-look-at-key-events-in-the-investigation-and-murder-trial-of-gerald-stanley.html |date=February 8, 2018 |access-date=March 21, 2018 |archive-date=March 22, 2018 |archive-url=https://web.archive.org/web/20180322081653/http://www.metronews.ca/news/canada/2018/02/08/a-look-at-key-events-in-the-investigation-and-murder-trial-of-gerald-stanley.html |url-status=live }}</ref>
==Trial== {{quote|I know this is an emotional case and I know that people are very vested in what's happening, but that can't happen. It's not a sporting event where we're rooting for one team or another.|Saskatchewan Chief Justice Martel D. Popescul February 8, 2018. Court of Queen's Bench|Court of Queen's Bench, Battleford, Saskatchewan}}
The trial for second-degree murder took place from January 30, 2018,<ref name="CBC_2018_Stanley_Judge"/> to February 9, 2018, at the Court of Queen's Bench Saskatchewan in Battleford with Saskatchewan Chief Justice Martel D. Popescul presiding.<ref name="thestar_2018_Stanley_acquittal"/>
The jury selection system allowed trial lawyers to use "peremptory challenges" to reject a limited number of potential jurors without giving a specific reason.<ref name="G&M_2018_Stanley_protests"/><ref name="thestar_2018_Stanley_opinion"/> Seven hundred and fifty people were randomly summoned based on health cards for potential jury duty from the Battleford Jury Boundary, a huge area that stretches to the north of Saskatchewan.<ref name="CBC_2018_750_Jury">{{cite news |url=http://www.cbc.ca/news/canada/saskatoon/huge-pool-750-people-summoned-potential-jurors-colten-boushie-1.4504633 |newspaper=CBC News |title=Huge' pool of 750 people summoned as potential jurors for Colten Boushie case |quote="Boushie family hopes Gerald Stanley jury pool is representative of wider community, says lawyer" |date=January 28, 2018 |access-date=February 11, 2018 |first=Guy |last=Quenneville |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211070010/http://www.cbc.ca/news/canada/saskatoon/huge-pool-750-people-summoned-potential-jurors-colten-boushie-1.4504633 |url-status=live }}</ref> The pool which was almost double the normal size was enlarged to help secure a more representative jury, though only 204 of the 750 individuals who were summoned actually showed up.<ref name="204jurors">{{cite news |url=http://www.cbc.ca/news/canada/saskatoon/colten-boushie-shooting-case-jury-selection-gerald-stanley-1.4506931 |newspaper=CBC News |title=Deck is stacked against us,' says family of Colten Boushie after jury chosen for Gerald Stanley trial |quote="'Every single visible Indigenous person' was challenged by defence attorney, according to Boushie's cousin" |date=January 29, 2018 |access-date=February 15, 2018 |first=Guy |last=Quenneville |archive-date=February 15, 2018 |archive-url=https://web.archive.org/web/20180215100442/http://www.cbc.ca/news/canada/saskatoon/colten-boushie-shooting-case-jury-selection-gerald-stanley-1.4506931 |url-status=live }}</ref><ref name="CBC_2018_750_Jury"/> Five who appeared to be First Nations were challenged by the defence, leaving what appeared to be an all-white jury.<ref>{{cite news|title=How a broken jury list makes Ontario justice whiter, richer and less like your community|newspaper=The Star|url=https://www.thestar.com/news/investigations/2018/02/16/how-a-broken-jury-list-makes-ontario-justice-whiter-richer-and-less-like-your-community.html|date=February 16, 2018|access-date=February 17, 2018|archive-date=February 16, 2018|archive-url=https://web.archive.org/web/20180216234400/https://www.thestar.com/news/investigations/2018/02/16/how-a-broken-jury-list-makes-ontario-justice-whiter-richer-and-less-like-your-community.html|url-status=live}}</ref><ref name="G&M_2018_Stanley_protests"/><ref name="thestar_2018_Stanley_opinion"/><ref name="204jurors"/>
During the trial, Stanley's attorney Scott Spencer said there was "no evidence" that Stanley intentionally killed Boushie.<ref name="thestar_2018_Stanley_noevidence">{{cite news |url=https://www.thestar.com/news/canada/2018/02/08/closing-arguments-set-to-begin-at-trial-for-gerald-stanley-farmer-charged-with-killing-colten-boushie.html |newspaper=Toronto Star |title=Defence claims no evidence Gerald Stanley intentionally killed Colten Boushie |date=February 8, 2018 |access-date=February 11, 2018 |first=Bill |last=Graveland |archive-date=February 12, 2018 |archive-url=https://web.archive.org/web/20180212083521/https://www.thestar.com/news/canada/2018/02/08/closing-arguments-set-to-begin-at-trial-for-gerald-stanley-farmer-charged-with-killing-colten-boushie.html |url-status=live }}</ref> By February 8, 2018, the jurors were deliberating on a verdict behind closed doors.<ref name="CBC_2018_Stanley_Judge"/> Judge Popescul "warned people in the gallery about making comments during [the] tense trial" and said that "it was the first time in his long career that he had to say that in court based on a complaint from a juror".<ref name="CBC_2018_Stanley_Judge">{{cite news |url=http://www.cbc.ca/news/canada/saskatoon/internet-based-hearsay-reddit-gerald-stanley-trial-jury-1.4521111 |newspaper=CBC News |title='Hearsay' from Reddit and other things the Gerald Stanley trial jury didn't hear |quote="Judge warned people in the gallery about making comments during tense trial ... it was the first time in his long career that he had to say that in court based on a complaint from a juror." |date=February 8, 2018 |access-date=February 11, 2018 |first=Guy |last=Quenneville |archive-date=February 10, 2018 |archive-url=https://web.archive.org/web/20180210172544/http://www.cbc.ca/news/canada/saskatoon/internet-based-hearsay-reddit-gerald-stanley-trial-jury-1.4521111 |url-status=live }}</ref>
During Judge Popescul's charge to the jury,<ref>{{cite news|title=Full transcript of judge's instructions to Colten Boushie jury: Put yourself in a juror's shoes|newspaper=The National Post|date=2018-02-14|author=National Post staff|url=https://nationalpost.com/news/canada/full-transcript-of-judges-instructions-to-colten-boushie-jury-put-yourself-in-a-jurors-shoes|access-date=January 27, 2019|archive-date=May 21, 2022|archive-url=https://web.archive.org/web/20220521071308/https://nationalpost.com/news/canada/full-transcript-of-judges-instructions-to-colten-boushie-jury-put-yourself-in-a-jurors-shoes|url-status=live}}</ref> he instructed them:
<blockquote>You must not find Gerald Stanley guilty unless you are sure he is guilty. Even if you believe that Mr. Stanley is probably guilty or likely guilty, that is not sufficient. In those circumstances, you must give the benefit of the doubt to Mr. Stanley and find him not guilty because the Crown has failed to satisfy you of his guilt beyond a reasonable doubt.</blockquote>
<blockquote>If you have a reasonable doubt about Mr. Stanley's guilt arising from the evidence, the absence of the evidence, or the credibility or the reliability of one or more of the witnesses then you must find him not guilty. In short, the presumption of innocence applies at the beginning and continues throughout the trial, unless you are satisfied after considering the whole of the evidence that the Crown has displaced the presumption of innocence by proof of guilt beyond a reasonable doubt.<ref name="Judge Popescul comments: Full transcript">{{cite news|title=Full transcript of judge's instructions to Colten Boushie jury: Put yourself in a juror's shoes|newspaper=The National Post|url=https://nationalpost.com/news/canada/full-transcript-of-judges-instructions-to-colten-boushie-jury-put-yourself-in-a-jurors-shoes|date=February 14, 2018|access-date=April 28, 2018|first=Martel D.|last=Popescul|location=Battleford, Saskatchewan|archive-date=May 21, 2022|archive-url=https://web.archive.org/web/20220521071308/https://nationalpost.com/news/canada/full-transcript-of-judges-instructions-to-colten-boushie-jury-put-yourself-in-a-jurors-shoes|url-status=live}}</ref></blockquote>
==="Hang fire" defence=== The defence case relied heavily on the assertion that the fatal shot was unintentional and the result of a hang fire.<ref name="G&M_2018_Stanley_verdict">{{cite news |title=The Stanley verdict: Manslaughter and 'hang fire' |newspaper=The Globe and Mail |url=https://www.theglobeandmail.com/opinion/the-stanley-verdict-manslaughter-and-hang-fire/article37932338/ |date=February 11, 2018 |access-date=February 11, 2018 |first=Michael |last=Plaxton |location=Battleford, Saskatchewan |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211183435/https://www.theglobeandmail.com/opinion/the-stanley-verdict-manslaughter-and-hang-fire/article37932338/ |url-status=live }}</ref> The casing from the fatal shot had an unusual bulge which testing of the gun could not reproduce.<ref name="cbc_2018">{{cite news |url=http://www.cbc.ca/news/canada/saskatchewan/colten-boushie-gerald-stanley-podcast-4-1.4525729 |title=Listen to episode 4 of CBC Saskatchewan's original podcast 'Boushie' |date=February 8, 2018 |access-date=February 14, 2018 |newspaper=CBC News |archive-date=February 13, 2018 |archive-url=https://web.archive.org/web/20180213082238/http://www.cbc.ca/news/canada/saskatchewan/colten-boushie-gerald-stanley-podcast-4-1.4525729 |url-status=live }}</ref>
The gun used was a 1947 Tokarev T33 with surplus military ammunition from 1953. The ammunition had been stored in an unheated shed where the temperature varied between {{cvt|30|C}} and {{cvt|−30|C}}.<ref>{{Cite news|url=https://calgaryherald.com/news/saskatchewan/gerald-stanley-trial-the-saskatchewan-farmer-accused-in-colten-boushies-2016-death-will-testify-says-defence-lawyer/wcm/ee75ace5-deae-44b0-b0c8-a60f8e9b9a91|title=Gerald Stanley trial: 'The thing just went off', testifies Sask. farmer accused in Colten Boushie's shooting death|date=2018-02-05|work=Calgary Herald|access-date=2018-02-20|language=en-US|archive-date=March 8, 2021|archive-url=https://web.archive.org/web/20210308051111/https://calgaryherald.com/news/saskatchewan/gerald-stanley-trial-the-saskatchewan-farmer-accused-in-colten-boushies-2016-death-will-testify-says-defence-lawyer/wcm/ee75ace5-deae-44b0-b0c8-a60f8e9b9a91|url-status=live}}</ref> Experts concluded nevertheless that the gun was functioning properly and a misfire could not be replicated during testing.<ref name="nationalpost_2018_judges_instructions"/>
==Verdict== Stanley was acquitted on February 9, 2018.<ref name="thestar_2018_Stanley_acquittal"/> Since Canadian jurors are legally barred from discussing the proceedings, it is not known how the jury reached its verdict or whether the jury accepted that the gunshot that killed Boushie was hang fire.<ref>{{Cite news|url=http://www.cbc.ca/news/canada/saskatchewan/gerald-stanley-colten-boushie-jury-verdict-1.4532064|title=What the Stanley jury likely considered in rendering its not guilty verdict|work=CBC News|date=February 13, 2018|access-date=February 13, 2018|language=en|first=Mark|last=Gollom|archive-date=February 14, 2018|archive-url=https://web.archive.org/web/20180214030002/http://www.cbc.ca/news/canada/saskatchewan/gerald-stanley-colten-boushie-jury-verdict-1.4532064|url-status=live}}</ref><ref name="G&M_2018_Stanley_verdict"/>
==Impact== {{quote|The case has exposed an ugly side in rural Saskatchewan—landowners who blame Indigenous people for high rates of property crime and First Nations who bear the brunt of that racism and hate.|APTN News February 8, 2018}}
The story attracted widespread attention from social media and mainstream media.<ref name="theguardian_2018_Stanley_Boushie">{{cite news |url=https://www.theguardian.com/world/2018/jan/29/canada-first-nations-colten-boushie-gerard-stanley-trial |newspaper=The Guardian |title='The Rodney King of western Canada': killing of indigenous man heads to trial |quote=The case of Colten Boushie, 22, killed after seeking help at a farm, has divided Canadians over race and policing |date=January 29, 2018 |access-date=February 11, 2018 |location=Toronto |first=Ashifa |last=Kassam |archive-date=February 12, 2018 |archive-url=https://web.archive.org/web/20180212201705/https://www.theguardian.com/world/2018/jan/29/canada-first-nations-colten-boushie-gerard-stanley-trial |url-status=live }}</ref><ref name="CBC_2016_ombudsman" /><ref name="CBC_2016_socialmedia" /><ref name="thestar_2018_Stanley_opinion">{{cite news |url=https://www.thestar.com/opinion/star-columnists/2018/02/10/our-reaction-to-injustice-is-a-reflection-our-soul-as-individuals-and-canadians.html |newspaper=Toronto Star |title=Our reaction to injustice for Colten Boushie is a reflection of our soul as individuals and Canadians |date=February 10, 2018 |access-date=February 11, 2018 |first=Shree |last=Paradkar |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211032825/https://www.thestar.com/opinion/star-columnists/2018/02/10/our-reaction-to-injustice-is-a-reflection-our-soul-as-individuals-and-canadians.html |url-status=live }}</ref><ref name="G&M_2018_Stanley_protests" /><ref name="NYT_Austin_Trial_2018_Feb9" />
Following the announcement of the acquittal, about 1,000 people, including the mayor of Saskatoon, Charlie Clark,<ref name="G&M_2018_Stanley_protests"/> gathered at a rally at the Saskatoon court house to show support for Boushie's family and to express frustration with the acquittal.<ref name="G&M_2018_Stanley_protests">{{cite news |title=Thousands rally across Canada after Gerald Stanley acquitted in killing of Colten Boushie |newspaper=The Globe and Mail |url=https://www.theglobeandmail.com/news/national/protests-across-canada-after-acquittal-in-boushie-death/article37931825/ |date=February 10, 2018 |access-date=February 11, 2018 |first=Joe |last=Frieson |location=Saskatoon, Saskatchewan |archive-date=February 10, 2018 |archive-url=https://web.archive.org/web/20180210234138/https://www.theglobeandmail.com/news/national/protests-across-canada-after-acquittal-in-boushie-death/article37931825/ |url-status=live }}</ref> Other rallies and vigils took place in Battleford, Winnipeg, Halifax, Nova Scotia, Toronto, and Ottawa to challenge the verdict.<ref name="G&M_2018_Stanley_protests"/> Clint Wuttunee, Chief of the Red Pheasant First Nation, called the verdict "absolutely perverse" and stated that "an all-white jury formed the twisted view of that obvious truth and found Stanley not guilty".<ref name="aptnnews_2018_Stanley_acquittal2">{{cite news|url=http://aptnnews.ca/2018/02/10/gerald-stanley-acquitted-of-all-charges-in-the-death-of-colten-boushie/|title=Gerald Stanley acquitted of all charges in the death of Colten Boushie|date=February 10, 2018|newspaper=APTN National News|access-date=February 11, 2018|archive-date=February 13, 2018|archive-url=https://web.archive.org/web/20180213025333/http://aptnnews.ca/2018/02/10/gerald-stanley-acquitted-of-all-charges-in-the-death-of-colten-boushie/|url-status=live}}</ref><ref name="thestar_2018_Stanley_acquittal">{{cite news |url=https://www.thestar.com/news/canada/2018/02/10/outrage-follows-not-guilty-verdict-for-gerald-stanley-in-shooting-death-of-colten-boushie.html |newspaper=Toronto Star |title=Not guilty verdict in shooting death of Colten Boushie 'absolutely perverse' |date=February 10, 2018 |access-date=February 11, 2018 |first=Bill |last=Graveland |archive-date=February 10, 2018 |archive-url=https://web.archive.org/web/20180210232318/https://www.thestar.com/news/canada/2018/02/10/outrage-follows-not-guilty-verdict-for-gerald-stanley-in-shooting-death-of-colten-boushie.html |url-status=live }}</ref>
In response to the verdict, Federation of Sovereign Indigenous Nations's Vice-chief David Pratt, challenged the jury selection system, saying that "defence counsel used peremptory challenges to block every potential juror who appeared to be Indigenous".<ref name="G&M_2018_Stanley_protests"/> Prime Minister Justin Trudeau issued a statement on February 10, saying, "I am going to say we have come to this point as a country far too many times. Indigenous people across this country are angry, they're heartbroken and I know Indigenous and non-Indigenous Canadians alike know that we have to do better."<ref name="G&M_2018_Stanley_protests"/> Saskatchewan Premier Scott Moe said he would be meeting with Trudeau and with First Nations leadership.<ref name="G&M_2018_Stanley_protests"/>
Canadian Justice Minister and Attorney General of Canada Jody Wilson-Raybould made a comment in a Tweet that Canada "can and must do better".<ref name="calgaryherald_2018_Stanley_politics">{{cite news |url=https://calgaryherald.com/news/politics/political-commentary-on-court-verdicts-hurts-views-of-justice-system-lawyer |newspaper=Calgary Herald |title=After Stanley verdict, lawyers say political commentary risks justice system independence |date=February 11, 2018 |access-date=February 11, 2018 |location=Vancouver, BC |archive-date=May 21, 2022 |archive-url=https://web.archive.org/web/20220521071309/https://calgaryherald.com/news/politics/political-commentary-on-court-verdicts-hurts-views-of-justice-system-lawyer |url-status=live }}</ref> Jagmeet Singh, a criminal defence lawyer and the Leader of the New Democratic Party, told reporters on February 13 that "justice was not served for Colten Boushie".<ref name="global_Dangerfield"/>
Toronto-based criminal defence lawyer Sean Robichaud said that it was "wholly inappropriate for elected officials to publicly undermine findings of a lawfully delivered verdict, particularly when it is one of a jury".<ref name="CBC_conservatives_boushie_comments"/> He cautioned that there could be ramifications. "By commenting on a particular case, it may affect the ability for Crown to proceed with the case if an appeal is granted."<ref name="global_Dangerfield">{{cite news |url=https://globalnews.ca/news/4022425/colten-boushie-justin-trudeau-appeal/ |title=Trudeau's comments on Boushie case may have 'tainted' a potential appeal process: lawyer |first=Katie |last=Dangerfield |newspaper=Global News |date=February 13, 2018 |access-date=February 13, 2018 |archive-date=February 13, 2018 |archive-url=https://web.archive.org/web/20180213200613/https://globalnews.ca/news/4022425/colten-boushie-justin-trudeau-appeal/ |url-status=live }}</ref> Lisa Raitt, Deputy Leader of the Conservative Party, Rob Nicholson, and other Conservatives also criticised comments by Trudeau and Wilson-Raybould.<ref name="CBC_conservatives_boushie_comments">{{cite news |url=http://www.cbc.ca/news/politics/conservatives-boushie-comments-1.4531007 |title=Tories accuse PM of 'political interference' after comments on Boushie case |quote="Trudeau said Canada must 'do better' in the future" |newspaper=CBC News |date=February 11, 2018 |accessdate=February 13, 2018 |archive-date=February 13, 2018 |archive-url=https://web.archive.org/web/20180213044543/http://www.cbc.ca/news/politics/conservatives-boushie-comments-1.4531007 |url-status=live }}</ref>
At a press conference hosted by Saskatoon Tribal Council, Mayor Clark described the "high-profile trial and its aftermath—which included rallies across Canada—represent a defining moment for this community and this country. A defining moment for our city, our province, our country, where we decide what kind of country we're going to be."<ref name="G&M_2018_Stanley_protests"/><ref name="thestarphoenix_2018_Stanley_Clark"/> The Saskatoon ''StarPhoenix'' reported that Clark called for a "prompt reckoning across the country" as the acquittal had sparked "anxiety and anger".<ref name="thestarphoenix_2018_Stanley_Clark">{{cite news |url=https://thestarphoenix.com/news/local-news/acquittal-of-gerald-stanley-in-death-of-colten-boushie-a-defining-moment-says-saskatoon-mayor-charlie-clark |newspaper=Saskatoon StarPhoenix |title=Acquittal of Gerald Stanley in death of Colten Boushie 'a defining moment', says Saskatoon Mayor Charlie Clark |date=February 11, 2018 |access-date=February 11, 2018 |first=Alex |last=Macpherson |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211180326/http://thestarphoenix.com/news/local-news/acquittal-of-gerald-stanley-in-death-of-colten-boushie-a-defining-moment-says-saskatoon-mayor-charlie-clark |url-status=live }}</ref> Many chiefs across Saskatchewan, including northern communities, travelled to Saskatoon to attend the rally.<ref name="G&M_2018_Stanley_protests"/>
The Royal Canadian Mounted Police (RCMP) issued a statement to remind concerned parties to "conduct themselves in a peaceful and civil manner regardless of the outcome", warning that "people will be held responsible for what they say or post online and police will investigate any complaints of suspected criminal behaviour".<ref name="aptnnews_2018_Stanley_acquittal2"/>
On February 10, thousands attended rallies across Canada in a day-of-action activities to support Boushie's family.<ref name="HuffingtonPostRallies">{{cite news |url=http://www.huffingtonpost.ca/2018/02/10/rallies-take-place-after-gerard-stanley-acquitted-of-colten-boushies-death_a_23358306/ |title=Colten Boushie Day Of Action Sees Rallies Across Canada After Gerald Stanley Acquittal |first=Sima Shakeri |last=Shakeri |newspaper=The Huffington Post |date=February 10, 2018 |access-date=February 11, 2018 |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211000424/http://www.huffingtonpost.ca/2018/02/10/rallies-take-place-after-gerard-stanley-acquitted-of-colten-boushies-death_a_23358306/ |url-status=live }}</ref> About 200 people gathered at Toronto's Nathan Phillips Square to protest the verdict that day.<ref name="CBC_Not_guilty">{{cite news |url=http://www.cbc.ca/news/canada/toronto/not-guilty-verdict-colten-boushie-gerald-stanley-black-eye-canada-indigenous-leader-1.4530071 |title=Not guilty verdict in death of Colten Boushie is 'black eye' for Canada, says Indigenous leader |quote="Comments by Isadore Day, AFN regional chief, come as people rally in downtown Toronto" |first=Muriel |last=Draaisma |newspaper=CBC News |date=February 10, 2018 |access-date=February 11, 2018 |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211043613/http://www.cbc.ca/news/canada/toronto/not-guilty-verdict-colten-boushie-gerald-stanley-black-eye-canada-indigenous-leader-1.4530071 |url-status=live }}</ref> On February 12, over 300 people gathered to march from Calgary City Hall to Reconciliation Bridge, in temperatures and wind chill that felt like {{cvt|-28|C}}, to show support for Colten Boushie's family.<ref name="CBC_boushie_rally_calgary">{{cite news |url=http://www.cbc.ca/news/canada/calgary/colton-boushie-rally-calgary-1.4531101 |title='We're not disposable': Hundreds march to Reconciliation Bridge demanding justice for Colten Boushie |quote='I'm ashamed to be Canadian on a day like today', said attendee Shauna Jimenez |first=Sarah |last=Rieger |newspaper=CBC News |date=February 12, 2018 |accessdate=February 11, 2018 |archive-date=February 12, 2018 |archive-url=https://web.archive.org/web/20180212111806/http://www.cbc.ca/news/canada/calgary/colton-boushie-rally-calgary-1.4531101 |url-status=live }}</ref>
By February 11, Colten Boushie's mother Debbie Baptiste, his cousin Jade Tootoosis, and uncle Alvin<ref>{{cite news |url=https://www.vice.com/en/article/colten-boushie-the-gerald-stanley-verdict-shows-theres-no-justice-for-indigenous-peoples/ |title=The Gerald Stanley Verdict Shows There's No Justice for Indigenous Peoples |quote=Colten Boushie was shot dead on a Saskatchewan farm. An all-white jury decided the man that killed him did no wrong |first=Ryan |last=McMahon |date=February 10, 2018 |access-date=February 12, 2018 |publisher=VICE |archive-date=February 11, 2018 |archive-url=https://web.archive.org/web/20180211015437/https://www.vice.com/en_ca/article/a34e3p/colten-boushie-the-gerald-stanley-verdict-shows-theres-no-justice-for-indigenous-peoples |url-status=live }}</ref> had travelled to Ottawa from their remote community for potential meetings with Wilson-Raybould, Public Safety Minister Ralph Goodale and other ministers, to advocate for justice. They called for "an end to peremptory challenges in jury selection, which were used in Mr. Stanley's trial to block every potential juror who appeared to be Indigenous". They are also challenging "a number of systemic problems in the justice system, as well as specific complaints arising from the way Mr. Boushie's death was investigated and prosecuted".<ref name="G&M_2018_Boushie_family_2advocacy">{{cite news |title=Boushie family moves from anger to political advocacy in wake of acquittal |newspaper=The Globe and Mail |url=https://www.theglobeandmail.com/news/national/boushie-family-moves-from-anger-to-political-advocacy-in-wake-of-acquittal/article37936136 |date=February 10, 2018 |access-date=February 11, 2018 |first=Joe |last=Frieson |location=Battleford |archive-date=February 12, 2018 |archive-url=https://web.archive.org/web/20180212040145/https://www.theglobeandmail.com/news/national/boushie-family-moves-from-anger-to-political-advocacy-in-wake-of-acquittal/article37936136/ |url-status=live }} Updated February 12</ref>
On February 28, the Justice for our Stolen Children Camp was set up on Wascana Park in Regina in response to the death of Colten Boushie and Tina Fontaine.<ref name=ReginaPost15June2018>{{cite web|url=https://leaderpost.com/news/local-news/after-108-days-justice-for-our-stolen-children-camp-comes-down|title=After 108 days, Justice For Our Stolen Children camp comes down|publisher=Regina Leader-Post|date=15 June 2018|access-date=23 June 2018|archive-date=June 23, 2018|archive-url=https://web.archive.org/web/20180623222327/http://leaderpost.com/news/local-news/after-108-days-justice-for-our-stolen-children-camp-comes-down|url-status=live}}</ref>
''nîpawistamâsowin: We Will Stand Up'', a documentary film by Tasha Hubbard about the Colten Boushie case, won the award for Best Canadian Feature Documentary at the 2019 Hot Docs Canadian International Film Festival,<ref>[https://variety.com/2019/film/festivals/we-will-stand-up-hope-frozen-take-top-prizes-hot-docs-1203205112/ "'We Will Stand Up,' 'Hope Frozen' Take Top Prizes at Hot Docs"] {{Webarchive|url=https://web.archive.org/web/20190506140314/https://variety.com/2019/film/festivals/we-will-stand-up-hope-frozen-take-top-prizes-hot-docs-1203205112/ |date=May 6, 2019 }}. ''Variety'', May 4, 2019.</ref> and the Colin Low Award for Best Canadian Documentary at the 2019 DOXA Documentary Film Festival.<ref>[https://globalnews.ca/news/5302394/colten-boushie-documentary-national-tour/ "'Canadians should see this film': Colten Boushie doc sets out on national tour"] {{Webarchive|url=https://web.archive.org/web/20190714162551/https://globalnews.ca/news/5302394/colten-boushie-documentary-national-tour/ |date=July 14, 2019 }}. Global News, May 22, 2019.</ref>
== Post-trial developments ==
=== Legislative changes === In response to controversy over how defendant's legal team used peremptory challenge to remove all Indigenous jurors from the jury pool and get what seemed to be an all-white jury, the federal government passed Bill C-75, which eliminated peremptory challenges during jury selection. The law came into effect in September 2019. In October 2020, the Supreme Court of Canada ruled in ''R v Chouhan'' that the legislation was constitutional, as well as its retroactive application to jury selection.<ref>{{Cite news|last=Stefanovich|first=Olivia|date=October 27, 2020|title=Supreme Court says government's jury reforms are constitutional|work=CBC News|url=https://www.cbc.ca/news/politics/stefanovich-supreme-court-hearing-peremptory-challenges-1.5752251|url-status=live|access-date=March 20, 2021|archive-date=March 20, 2021|archive-url=https://web.archive.org/web/20210320013114/https://www.cbc.ca/news/politics/stefanovich-supreme-court-hearing-peremptory-challenges-1.5752251}}</ref>
=== Civilian Review and Complaints Commission reports into RCMP conduct === In March 2021, the Civilian Review and Complaints Commission (CRCC) for the Royal Canadian Mounted Police released two reports on the conduct of the RCMP during the case. One of the reports stemmed from an appeal by the Boushie family of a 2017 RCMP internal investigation into the case in which it mostly cleared itself. Concurrent to handling the appeal the CRCC launched its own public interest investigation to produce a second report. Both reports were completed in 2020 but the release was delayed so that the RCMP could review and reply to the reports. The CRCC found that the way that Boushie's family were notified of his death was discriminatory, but that other RCMP actions were not racially motivated. It also found that with the exception of serious shortfalls in the investigation and the dealings with Boushie's family, the RCMP had otherwise acted professionally and reasonably.<ref name=":1">{{Cite news|last=Friesen|first=Joe|date=March 20, 2021|title=RCMP discriminated against Colten Boushie's family and fuelled racial tensions in wake of shooting death, review finds|work=Globe and Mail|url=https://www.theglobeandmail.com/canada/article-rcmp-discriminated-against-colten-boushies-family-and-fuelled-racial/|url-status=live|access-date=March 20, 2021|archive-date=March 20, 2021|archive-url=https://web.archive.org/web/20210320120842/https://www.theglobeandmail.com/canada/article-rcmp-discriminated-against-colten-boushies-family-and-fuelled-racial/}}</ref>
The CRCC found that surrounding the Boushie home with cars, training lights on the home, and approaching the home with carbines drawn was an unreasonable approach to the risk that one of Boushie's companions may have been there and armed. The CRCC also found that a subsequent search of the home violated the Charter, however it found no evidence that the RCMP's tactical decisions or illegal search were racially motivated. This was contested by the Boushie family's lawyer, who said that a similar overreaction would not have occurred to a non-Indigenous family. However, the CRCC did find that the armed, tactical approach was a poor way to deliver the death notification. Asking whether Boushie's mother had been drinking and smelling her breath for alcohol after she took her son's death poorly was found to be insensitive and discriminatory. The CRCC also criticized the RCMP's later decision to update Boushie's mother on the investigation during her son's wake as insensitive.<ref name=":1" />
The main investigative failures involved handling of physical evidence at the crime scene and treatment of witnesses. The vehicle at the centre of the shooting was left uncovered despite having an available tarp and being aware of upcoming bad weather, which led to crucial evidence being destroyed by rainfall. Stanley's wife and son were also allowed to retrieve another vehicle at the crime scene to travel to a police interview together, despite crime scenes normally being restricted and witnesses usually being separated before interviews to avoid cross-contamination of their testimony. The RCMP also failed to warn the Stanleys not to discuss the case, contrary to standard operating procedure. By contrast, Boushie's three companions, who were arrested for criminal mischief that night – charges which were not pursued – were kept overnight in cells, with one witness testifying that she couldn't sleep because she was still covered in Boushie's blood. The interviews were then conducted the next day after police warned them not to incriminate themselves. The CRCC found that historic distrust between RCMP and Indigenous peoples, shock from the shooting, poor rest, potential hangovers, and the RCMP's coercive approach led to poor witness cooperation. The CRCC found that these witness interviews and their continued detainment afterwards were unreasonable.<ref name=":1" />
A separate issue brought up by the CRCC reports involved the Saskatchewan RCMP's press releases, which while factually accurate, disproportionately focused on the allegations of theft. The CRCC found that this fueled the implication that Boushie's death was somehow deserved and inflamed racial tensions. Shortly after the shooting and initial criticism, the Saskatchewan RCMP updated its communications policies. The CRCC also found that there was no evidence that Boushie was engaged in any property offences the night of the shooting.<ref name=":1" />
The reports also criticized the RCMP for destroying recordings and transcripts in August 2018, which detailed radio communications between its officers who had responded to the shooting. The destruction of these records meant the CRCC had less evidence to assess the RCMP justification for its tactical approach to delivering the death notification. The RCMP said that because these records had no evidentiary value to the criminal case against Stanley, they were destroyed following the standard RCMP records retention policy to only keep records for two years. The CRCC investigation of the RCMP's conducts was announced in March 2018, and the Boushie family's civil lawsuit against the RCMP had also been filed before August 2018. The lawyer for Boushie's family said that the records were relevant to both of those cases and should have been retained.<ref name=":2">{{Cite news|last=Friesen|first=Joe|date=March 22, 2021|title=RCMP destroyed police records from the night Colten Boushie died|work=The Globe and Mail|url=https://www.theglobeandmail.com/canada/article-rcmp-destroyed-police-records-from-the-night-colten-boushie-died/|url-status=live|access-date=March 22, 2021|archive-date=March 22, 2021|archive-url=https://web.archive.org/web/20210322091234/https://www.theglobeandmail.com/canada/article-rcmp-destroyed-police-records-from-the-night-colten-boushie-died/}}</ref>
RCMP Commissioner Brenda Lucki agreed with the CRCC's discrimination ruling for the death notification, accepted most of the report's findings such as those on poor handling of evidence and witnesses, and poor communications policies. She committed to fix the issues raised by measures such as new operational guidance, changes to the force's operational manual, and increased cultural awareness training. Lucki contested some aspects of the CRCC report, such as the tactical approach they took for the death notification because of perceived risk from Boushie's companion. The CRCC said Commissioner Lucki's response to their reports failed to take responsibility for the issues at the heart of the report and focused on minor staffing considerations.<ref name=":1" /> The National Police Federation, a police union representing over 20,000 RCMP officers condemned the CRCC report and RCMP leadership for accepting some of the reports' recommendations for disrespecting the RCMP and bringing its professionalism into question.<ref name=":2" />
==See also== * ''Canadian Justice, Indigenous Injustice'' * Timeline of First Nations history
==Notes== {{reflist|group="Notes"}}
==References== {{reflist|30em}}
{{DEFAULTSORT:Boushie, Colten}} Category:Deaths by firearm in Saskatchewan Category:Real property law Category:Property crimes Category:2016 in Saskatchewan Category:2018 in Canadian case law Category:Red Pheasant Cree Nation